Separate laws for the political parties
Feroz M Hassan
A political party generally refers to an organisation that organises citizens and mobilises voters on behalf of common set of interest or ideologies. Parties play an important role in political life by setting public policy agendas, nominating candidates for public office, and even monitoring the work of the elected representatives.In western democracies, political parties emerged at the end of an extended process, growing out of craft guilds, professional associations, local government and various interest groups. In developing countries, parties generally have grown around a particular leader or leaders or as the outgrowth of a civic movement to change the governing system. In our country political parties first came into being during the British colonial period. In course of time it was under the banner of parties the autonomy and independence movement were organised. In the post-independence period with the establishment of multi-party framework a process of positive political development was initiated marking a significant departure from the dysfunctional party system in erstwhile Pakistan. But unfortunately the process was thwarted by introduction of one party system and subsequent intervention in civil politics. Interestingly, political parties are not mentioned in the Constitution of Bangladesh nor does it identify Bangladesh as a multi-party state, and there is no legal guidance as to the formation of political parties or their status as legal entities for financial, contractual, or other legal purposes. However, the election process in Bangladesh is highly-party driven, with recent history demonstrating characteristics of a two-party system. The political parties play a very important role within the political system and they are important for democratic polity. Given the role of parties in the Parliament, and their extraordinary influence in the nomination of candidates, the conduct of the campaigns, and the mobilisation of voters through demonstrations, and rallies, it is time that the parties fall under some degree of formal accountability within the system. As a matter of principle the parties cannot effectively participate in and promote a democratic system unless they adhere to certain democratic norms and practices, and believes in a set of national values. The time has now come for an overall comprehensive set of laws to define the precise role and status of parties in the political system. There is a need for a separate law specifically for the political parties. The proposed political parties laws should not serve to inhibit the constitutional guarantees regarding freedom of association; nor should they promote the intrusion of the state into the internal organisation or affairs of the political party. Efforts are under way for reforms. Reforms of the election laws, rules and also the procedures related to election. With my experience over the years, I suggest that there be an entirely separate law drafted for political parties. This is more appropriate than just to amend the People's Representation Order to make it compulsory for party to register. Merely amending the RPO just for election will be inadequate and will not provide the rights and privileges that the political parties should enjoy. The proposed laws should be able to clearly demarcate the rights of the parties as well as the responsibilities. Political party laws should include the issue of the internal party organisation, which must conform to the democratic rules, about the policy making process through holding of national convention or party congress to ensure participation and representatives of constituencies and grassroots members. The proposed laws should also address various other issues such as accountability of the executives and the process of electing the leaders and transparency of its operations, especially of funding sources. Another major issue is the process of nominating candidates for various elections. It is appropriate that political parties be registered with the Election Commission under the proposed political party laws, which will also clearly describe the requirements and procedures for registration Political parties galvanise and organise the participation of citizens in the political life of a country and the multi-party system presently is undoubtedly one of the major pillars of contemporary democracy. Within this context, it becomes necessary to define the rules that govern the activities of political parties so as to ensure their proper functioning in the country. Feroz M. Hassan is the chief of The Pro-Reform Group, which he started after resigning from LDP (former Bikolpo Dhara).
|